Australian Capital Territory Consolidated Regulations

CEMETERIES AND CREMATORIA REGULATION 2003 - NOTES

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     ACT

              •     appoint

              •     chief health officer

              •     entity.

Note 3     Terms used in this regulation have the same meaning that they have in the Cemeteries and Crematoria Act 2003. For example, the following terms are defined in the Cemeteries and Crematoria Act 2003, dict:

              •     cemetery

              •     code of practice

              •     crematorium

              •     foetal remains

              •     human remains

              •     operator.

"certification document"—see section 6.

"facility" means a cemetery or crematorium.

"medical referee" means a medical referee appointed under section 22.

"relevant details", for part 4 (Opening, closing and operation of facilities)—see section 15.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

This regulation was originally the Cemeteries and Crematoria Regulations 2003. It was renamed under the Legislation Act 2001.

Cemeteries and Crematoria Regulation 2003 SL2003-31

notified LR 17 September 2003
s 1, s 2 commenced 17 September 2003 (LA s 75 (1))
remainder commenced 27 September 2003 (s 2 and see Cemeteries and Crematoria Act 2003 A2003-11, s 2)

as amended by

Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.1

notified LR 17 November 2006

s 1, s 2 commenced 17 November 2006 (LA s 75 (1))

sch 2 pt 2.1 commenced 18 November 2006 (s 2 (1))

Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.4

notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))

sch 1 pt 1.4 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.22

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.22 commenced 1 July 2011 (s 2 (1))

4     Amendment history

Name of regulation
s 1     am R3 LA

Commencement
s 2     om LA s 89 (4)

Requirements for burial or cremation of foetal remains—Act, s 20
s 9     am A2006-46 amdt 2.1

Closing facilities
s 18     am A2007-25 amdt 1.14

Medical referees
s 22     am A2011-22 amdt 1.75

Transitional
pt 6 hdg     exp 27 September 2004 (s 28)

Permits for burial
s 23     exp 27 September 2004 (s 28)

Permits for cremation
s 24     exp 27 September 2004 (s 28)

Existing cemeteries and crematoria
s 25     exp 27 September 2004 (s 28)

Medical referees
s 26     exp 27 September 2004 (s 28)

Modification of Act, pt 5
s 27     exp 27 September 2004 (s 28)

Expiry of pt 6 and sch 1
s 28     exp 27 September 2004 (s 28)

Modification of Act, part 5
sch 1     exp 27 September 2004 (s 28)

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 27 Sept 2003	27 Sept 2003– 27 Sept 2004	not amended	new regulation
R2 28 Sept 2004	28 Sept 2004– 1 Nov 2004	not amended	commenced expiry
R3 2 Nov 2004	2 Nov 2004– 17 Nov 2006	not amended	includes editorial amendments under Legislation Act
R4 18 Nov 2006	18 Nov 2006– 30 Mar 2008	A2006-46	amendments by A2006-46
R5 31 Mar 2008	31 Mar 2008– 30 June 2011	A2007-25	amendments by A2007-25

© Australian Capital Territory 2011

Australian Capital Territory

SL2003-31

Republication No 6

Effective: 1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011-22




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Cemeteries and Crematoria Regulation 2003

, made under the Cemeteries and Crematoria Act 2003

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Cemeteries and Crematoria Regulation 2003

Endnotes

Australian Capital Territory

Cemeteries and Crematoria Regulation 2003